Because co-applicant is in legal status she should be able to remain in the United States and apply for a “Change of Status”, although her status would not really change, in the sense that she would still remain an AOS applicant.
This could be a bit confusing and if CIS doesn’t agree, then she may need to go to the Consulate in China to obtain the H-1B visa stamp.
This could be a bit confusing and if CIS doesn’t agree, then she may need to go to the Consulate in China to obtain the H-1B visa stamp.
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